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HB 3138

IMMUNITY CHILD WELFARE AGENCIE

104th Regular Session Introduced by Norine Hammond and 3 co-sponsors

The bill grants temporary, 2-year immunity from civil liability for licensed child welfare agencies and their staff when performing DCFS contracts, with limited exceptions for will

Removed Co-Sponsor Rep. Ann M. Williams
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Bill Summary · HB 3138

Summary — HB 3138: Temporary Immunity for Child Welfare Agencies Act

Overview / Purpose

HB 3138 (introduced Feb 18, 2025) would create a temporary, limited immunity from civil liability for licensed child welfare agencies that provide foster-care services under contracts with the Department of Children and Family Services (DCFS). The stated purpose is to ensure uninterrupted delivery of child welfare services while addressing an apparent unavailability of liability insurance for these agencies.

Key provisions

  • Grants a 2-year limited immunity (starting when the Act becomes law) for licensed child welfare agencies carrying out contractual foster-care obligations with DCFS. Immunity covers civil liability, including civil damages.
  • Immunity extends to employees, volunteers, and agents acting within the scope of their employment or duties.
  • Exception: immunity does not apply where the agency’s acts or omissions constitute "willful and wanton conduct" (defined in the bill as conduct showing actual intent to cause harm or utter indifference/conscious disregard for safety).
  • Applies only to licensed child welfare agencies that are in good standing under the Children and Family Services Act.
  • Does not relieve agencies of other protections or obligations imposed by the Children and Family Services Act.
  • Inspector General (per Section 35.5 of the Children and Family Services Act) retains investigatory and sanctioning authority over agencies and staff while the immunity is in effect.

Child Welfare Agency Liability Task Force

  • Creates a Task Force chaired by the Director of the Department of Insurance (or designee).
  • Membership includes legislative appointees, the Director of DCFS (or designee), an insurance industry representative, an Illinois attorneys’ advocacy organization representative, and a representative of statewide community-based child/family services.
  • Initial appointments due within 3 months of the Act’s effective date; first meeting within 30 days after full appointment; monthly thereafter. Members serve without compensation.
  • Charge: evaluate the liability-insurance unavailability and develop a long-term solution.
  • First report to the General Assembly due no later than December 31, 2026.

Definitions / Scope notes

  • "Child welfare agency" is broadly defined to include public and private agencies that place or arrange placement of children in foster, pre‑adoptive, adoptive, or other out‑of‑home care; excludes circuit courts, court-appointed juvenile probation officers, and youth counselors who place children under court order.
  • Immunity is specifically tied to the execution of contractual obligations with DCFS.

Timeline & legislative status (selected)

  • Filed: Feb 6, 2025; Introduced/First reading: Feb 18, 2025; Referred to Homeland Security, Public Safety & Veterans' Affairs.
  • Committee activity: public hearing Apr 9, reported favorably Apr 15; calendared and read 2nd time May 6; laid on table subject to call May 14.
  • Co-sponsors added: Rep. Wayne Rosenthal, Rep. Michelle Mussman, Rep. Norine K. Hammond.
  • Companion bill: SB 2284.
  • Effective date: upon becoming law.

Potential impacts / considerations

  • Intended to prevent service disruptions by shielding agencies from liability claims during an insurance crisis.
  • Reduces civil exposure for agencies, staff, and volunteers but preserves accountability for willful and wanton misconduct and IG oversight.
  • May limit legal recourse for some claimants during the 2-year window; stakeholders (victim advocates, insurers, providers) likely to debate trade-offs between continuity of care and access to remedies.
  • Task Force report is intended to propose longer-term fixes to the insurance availability problem.

Compiled from official sources — confirm details with the bill’s official record.

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